2011-2012 Bill 167: Homicide by child abuse - South Carolina Legislature Online
South Carolina General Assembly
119th Session, 2011-2012
S. 167
STATUS INFORMATION
General Bill
Sponsors: Senators Shoopman, Verdin, Ryberg, Fair and Rose
Document Path: l:\council\bills\ms\7034ahb11.docx
Companion/Similar bill(s): 3491
Introduced in the Senate on January 11, 2011
Currently residing in the Senate Committee on Judiciary
Summary: Homicide by child abuse
HISTORY OF LEGISLATIVE ACTIONS
DateBodyAction Description with journal page number
12/1/2010SenatePrefiled
12/1/2010SenateReferred to Committee on Judiciary
1/11/2011SenateIntroduced and read first time (Senate Journalpage 80)
1/11/2011SenateReferred to Committee on Judiciary (Senate Journalpage 80)
1/17/2012SenateReferred to Subcommittee: Hutto (ch), Rose, Shoopman
VERSIONS OF THIS BILL
12/1/2010
A BILL
TO AMEND SECTION 16385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF HOMICIDE BY CHILD ABUSE, SO AS TO INCREASE THE PENALTY TO LIFE WITHOUT PAROLE OR DEATH IF THE STATE SEEKS THE DEATH PENALTY FOR MURDER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION1.Section 16385(C) of the 1976 Code is amended to read:
“(C)Homicide by child abuse is a felony and a person who is convicted of or pleads guilty to homicide by child abuse:
(1)underpursuant to subsection (A)(1) maymust be imprisoned for life but not less than a term of twenty yearswithout the possibility of parole or may be punished by death if the State seeks the death penalty pursuant to the provisions of Section 16320; or
(2)underpursuant to subsection (A)(2) must be imprisoned for a term not exceeding twenty years nor less than ten years.”
SECTION2.The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION3.This act takes effect upon approval by the Governor.
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